By: Lloyd Jeong When a parent has sole custody of a child, that parent has complete say over child visitation with the non-custodial parent. However, in most cases, the courts grant the parents joint legal custody (the parents share the responsibility of making decisions for the child) and grant one parent primary physical custody (the child resides with this parent most of the time). Therefore, a visitation schedule is required for the parent without primary physical custody and the child. In an ideal world, both parents will make compromises and reach a visitation agreement that satisfies both parents and is convenient for the child. Unfortunately, however, disputing parents may not be able to come to a amicable agreement. When parents are unable to reach an agreement, the court will set a visitation schedule for the parents and child. The Virginia judicial system website lists several factors to consider when coming up with a visitation schedule.

Be child-focused;

Encourage frequent and continuing contact with each parent;

Preserve the dignity of all parties;

Help the family spend time, money and emotional resources in the most positive ways; and,

Ensure that children benefit from a healthy, non-abusive family environment at all times.

Additionally, when approving a visitation schedule, the court will consider the “best interests of the child” and the corresponding 10 factors that were previously discussed. If parents cannot agree on a visitation schedule, the court may order parents to participate in mediation. Mediation is where the a neutral third party helps the parents reach an agreement amicably. If the parents are still unable to reach an agreement after mediation, then each parent may propose a schedule to the court. The judge may either accept one of the proposed schedules, or create a new visitation schedule. Once the judge orders a visitation schedule, the parents must follow the ordered schedule.

When deciding which parent (or other person) is granted custody of the child, the Virginia courts determine what is in the “best interests of the child.” To make this determination, the courts consider ten factors as listed in Virginia Code § 20-124.3:

The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;

The age and physical and mental condition of each parent;

The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;

The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;

The role that each parent has played and will play in the future, in the upbringing and care of the child;

The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;

The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;

The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;

Any history of family abuse as that term is defined in § 16.1-228 or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and

Such other factors as the court deems necessary and proper to the determination.

No one factor is decisive by itself. Courts will consider all of the factors above and weigh them against each other before making a final decision. For example, if there is a custody dispute between a wealthy parent who has a history of domestic violence and a less affluent parent, the court may decide to grant custody to the parent with less financial resources after weighing all ten of the factors.

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